PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             26 August 2003                  
	DOCKET NUMBER:    AR2003085504

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster		Member	
	Ms. Marla J. Troup		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be allowed to reenlist in the United States Army Reserve (USAR) in order to receive the Voluntary Separation Incentive (VSI) payments he was authorized upon his separation from active duty. 

3.  The applicant states, in effect, that in June 2001 he expected to receive his annual VSI payment.  When this payment was not received he immediately contacted the VSI Office.  He was informed that the reason he did not receive the VSI payment was that he had not reenlisted in the USAR.  He claims that immediately upon learning of this requirement, he contacted the VSI office and obtained the documents necessary for reenlistment.  On 31 December 2001, he completed the required physical examination and all the other necessary reenlistment forms.  In February 2002, he was notified by an Army Reserve Personnel Command (ARPERSCOM) personnel official that when he was separated from active duty in 1995, a copy of his USAR enlistment contract had not been filed in his Official Military Personnel File (OMPF).  At this point he completed his application to this Board for relief.  

4.  The applicant’s military records show that that he entered the Regular Army on 12 November 1980, and that he continuously served on active duty for 
14 years, 7 months, and 4 days until being honorably separated on 15 June 1995.   

5.  On 2 June 1994, the applicant requested separation under the provisions of the Department of the Army (DA) Voluntary Separation Incentive/Special Separation Bonus (VSI/SSB) program, and he elected to receive a VSI.  In connection with his separation, he agreed to serve in the USAR for the entire period he would receive the VSI.  The applicant’s separation request was approved and he was authorized to receive VSI annual payments in the amount of $7,181.84 for 29 years.  

6.  Orders D-03-017530, dated 21 March 2000, issued by Headquarters, ARPERSCOM, directed the applicant’s honorable discharge from the USAR on 21 March 2000.

7.  In connection with the processing of this case, an advisory opinion was obtained from the Enlisted Personnel Management Directorate, ARPERSCOM.  It contains a recommendation that the applicant’s request be approved.  It further indicates that the applicant is a VSI recipient and if he is not allowed to enlist with a subsequent reenlistment in the USAR, he will lose his remaining VSI payments because the governing law requires USAR membership to be eligible for the VSI program.  This ARPERSCOM official further states that upon the applicant’s separation from active duty, he should have been enlisted in the USAR; however, there is no record of this enlistment.  It is recommended that a waiver be granted and the applicant be allowed to reenlist in the USAR effective 16 June 1995.  The applicant was provided a copy of the ARPERSCOM advisory opinion on 4 June 2003 and concurred with the advisory opinion.

8.  Army policy and the Department of Defense Military Pay and Allowances Entitlements Manual (DoDPM), based on Public Law 102-190, 5 December 1991, as amended, prescribes the qualifications for entitlement to readjustment benefits for certain voluntary separated members.  The VSI was one of the monetary benefits associated with this incentive program.  

9.  The voluntary incentive program was designed to support the Army’s drawdown.  Headquarters, Department of the Army (DA) Message 281802Z, dated in January 1992, clarified issues associated with the VSI program via a question and answer format.  It stated, that soldiers approved for VSI would be paid in annual installments commencing on their departure date from active duty, and on each anniversary date thereafter for twice the number of years on active duty, provided the soldier continues to serve in the Ready Reserve.  It further stipulated that VSI annual payments would be discontinued if the member was separated from the Ready Reserve, unless the individual became ineligible to continue to serve.  In these cases, the member would be transferred to the Standby Reserve or the Retired Reserve.

CONCLUSIONS:

1.  The evidence of record confirms that on 15 June 1995, the applicant was honorably separated from active duty after completing 14 years, 7 months, and 
4 days of active military service, and that he was authorized to receive annual VSI payments in the amount of $7,181.84 for 29 years.  

2.  On 21 March 2000, the applicant’s discharge from the USAR was directed in Orders Number D-03-017530, issued by Headquarters, ARPERSCOM.  The evidence further shows that it was never the applicant’s intent to discontinue his USAR service, and that he was not notified of reenlistment requirements in a timely fashion.  Further, it is clear that he was unaware that he was being discharged from the USAR and that his VSI annual payments were being discontinued.
3.  In view of the facts of this case, the Board concurs with the recommendation contained in the ARPERSCOM advisory opinion that a waiver be granted that allows for antedated enlistment contracts showing that the applicant enlisted in the USAR for six years on 16 June 1995, and reenlisted for six years on 15 June 2001.  Finally, the Board concludes that it would be appropriate to provide the applicant all annual VSI payments due as a result of this correction. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by voiding the 21 March 2000 USAR discharge of the individual concerned; by providing him antedated enlistment contracts that show that upon his separation from active duty on 16 June 1995, he enlisted in the USAR for six years, and that he reenlisted for six years on 15 June 2001; and by providing him all annual VSI payments due as a result of these corrections.

BOARD VOTE:  

__RJW__  __MT__  __RLD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner
		   CHAIRPERSON

INDEX

CASE ID	AR2003085504	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.283	128.0000	
2.		
3.		
4.		
5.		
6.